Chapter 13 - Federal and State Court System

Question 1

What guarantees judgment by one’s peers and provides a check on government power?

Answer 1

Right to a jury trial

Question 2

What is a set of rules and standards by which society governs itself?

Answer 2

Law

Question 3

The law has three purposes. Name one.

Answer 3

Resolves conflict between individuals and groups.

Question 4

The law has three purposes. Name one.

Answer 4

Protects individuals against government power.

Question 5

The law has three purposes. Name one.

Answer 5

Defines criminal acts and determines punishment for them.

Question 6

What were the laws collected by Hammurabi, king of Babylonian?

Answer 6

Code of Hammurabi

Question 7

This code categorized crimes and provided 282 examples and their punishments.

Answer 7

Code of Hammurabi

Question 8

This was a source of law for the Israelites.

Answer 8

The Ten Commandments

Question 9

The ____’s emphasis on social justice and individual and communal responsibility have become a model for ethical laws.

Answer 9

The Ten Commandments

Question 10

Ancient Romans made their laws by writing them down, and the early published version was called ___.

Answer 10

The Twelve Tables

Question 11

The name of the final Roman legal code.

Answer 11

Justinian Code

Question 12

This is the single most important basis for the American legal system.

Answer 12

English common law

Question 13

____is made by judges as they resolve individual cases.

Answer 13

Common law

Question 14

What areas of law did the Code of Hammurabi codify?

Answer 14

1. Criminal Law
2. Property Law
3. Family Law

Question 15

What areas of law did the Twelve Tables codify?

Answer 15

1.Family Law
2. Criminal Law

Question 16

T or F. The judicial branch provides an interpretation of the law.

Answer 16

True

Question 17

Name two ways to promote police accountability.

Answer 17

1. Internal Affairs Units
2. Civilian Review Boards

Question 18

Define. “Something that has separate and distinct existence.”

Answer 18

Entity

Question 19

Name a central purpose of the courts.

Answer 19

To promote the rule of law.

Question 20

____ means that no individual, group, organization, or government entity is above the law.

Answer 20

The rule of law.

Question 21

Name three things that law must be.

Answer 21

2. Known to all

Question 22

Name three things that law must be.

Answer 22

1. Clear

Question 23

Name three things that law must be.

Answer 23

3. Equally, fairly, consistently enforced

Question 24

___ is the power of courts to say that laws and actions of local, state, or national governments are invalid because they conflict with the Constitution.

Answer 24

Judicial review

Question 25

This means something is non consistent with a nation’s constitution.

Answer 25

Unconstitutional

Question 26

What happens if a court declares a law unconstitutional?

Answer 26

Then the law cannot be enforced.

Question 27

T or F. The Judiciary may smite the executive and legislative branches through its ability to declare laws and government actions unconstitutional.

Answer 27

True

Question 28

T or F. Judicial review also gives courts the power to declare an action of the executive or legislative branch unconstitutional.

Answer 28

True

Question 29

Name two ways the Executive Branch can check the Judicial Branch.

Answer 29

1. The Executive Branch enforces the decisions of the courts.

Question 30

Name two ways the Executive Branch can check the Judicial Branch.

Answer 30

2. The President appoints federal judges with the advice and consent of the Senate.

Question 31

Name three ways the Legislative Branch can check the Judicial Branch.

Answer 31

1. State and Federal legislative branches have the power to:
   a. create some courts;

Question 32

Name three ways the Legislative Branch can check the Judicial Branch.

Answer 32

1. State and Federal legislative branches have the power to:

b. set judges’ salaries;

Question 33

Name three ways the Legislative Branch can check the Judicial Branch.

Answer 33

1. State and Federal legislative branches have the power to:

c. and change laws to clarify meanings.

Question 34

Name three ways the Judiciary is further limited by the rules of our legal system.

Answer 34

1. Courts can only decide issues brought before them.

Question 35

Name three ways the Judiciary is further limited by the rules of our legal system.

Answer 35

2. A judge cannot decide that someone has violated the law and sentence them until the individual is arrested and prosecuted first.

Question 36

Name three ways the Judiciary is further limited by the rules of our legal system.

Answer 36

3. Federal courts can not provide “advisory opinions.”

Question 37

Means “unbiased.”

Answer 37

Impartial

Question 38

A key element of democracy is that courts must act _____ and make fair decisions without undue influence by outside forces.

Answer 38

Impartially

Question 39

What is an argument FOR judge’s having life terms?

Answer 39

Some people believe it allows judges to make decisions without being concerned about how it might affect their chances for reelection.

Question 40

What is an argument AGAINST judge’s having life terms?

Answer 40

Some people believe it ensures accountability to citizens and is appropriate in a democracy.

Question 41

_______ can hear cases about crimes, like burglary, murder, driving under the influence or drugs.

Answer 41

Criminal trial courts.

Question 42

_____ can hear cases where one person or group thinks another person or group should pay for causing harm.

Answer 42

Civil trial courts.

Question 43

_____ is the authority of a trial court to be the first to hear a case.

Answer 43

Original jurisdiction

Question 44

T or F. A trial court cannot try a case where there is no harm or alleged violation of law.

Answer 44

True

Question 45

T or F. Betsy can sue Jake for causing a car accident when she was actually harmed in some way by the accident.

Answer 45

False

Question 46

______ describes a trial system that is a contest between opposing sides.

Answer 46

Adversarial system

Question 47

T or F. The trial system in the U.S. is an adversarial system.

Answer 47

True

Question 48

Some countries use the ______, in which the judge plays a more active role in gathering and presenting evidence.

Answer 48

Inquisitorial system

Question 49

What do proponents of the adversarial system argue?

Answer 49

They claim the judge or jury will be able to determine the truth if opposing parties present their best arguments and show the weaknesses of the other sides’ case.

Question 50

What do opponents of the adversarial system argue?

Answer 50

It is not the best method for discovering the truth about what happens and who is at fault.

Question 51

Adversarial or Inquisitorial. A contest between opposing sides with each side trying to present the most persuasive evidence.

Answer 51

Adversarial System

Question 52

Adversarial or Inquisitorial. The defense and prosecutor and police conduct investigations, argue their case, and present witnesses and the evidence that benefits their argument.

Answer 52

Adversarial System

Question 53

Adversarial or Inquisitorial. Judges and juries listen but do not question the witness or gather evidence.

Answer 53

Adversarial

Question 54

Adversarial or Inquisitorial. A judge’s role is to be impartial, like a referee, and ensure that due process and other rules and guidelines are observed.

Answer 54

Adversarial

Question 55

Adversarial or Inquisitorial. Any criminal case may go to a jury trial.

Answer 55

Adversarial

Question 56

Adversarial or Inquisitorial. Prejudicial evidence is not presented to juries.

Answer 56

Adversarial

Question 57

Adversarial or Inquisitorial. The accused is not required to answer questions.

Answer 57

Adversarial

Question 58

Adversarial or Inquisitorial. Seeks the truth through examining evidence and investigation.

Answer 58

Inquisitorial

Question 59

Adversarial or Inquisitorial. The judge may supervise investigations and decide whether a case should proceed to trial. Evidence is made available in advance to both prosecution and defense.

Answer 59

Inquisitorial

Question 60

Adversarial or Inquisitorial. A judge questions the witnesses and may gather evidence.

Answer 60

Inquisitorial

Question 61

Adversarial or Inquisitorial. The judge assumes the main role in conducting the trial.

Answer 61

Inquisitorial

Question 62

Adversarial or Inquisitorial. Juries are only used in very serious cases.

Answer 62

Inquisitorial

Question 63

Adversarial or Inquisitorial. More lenient rules on the admissibility of evidence.

Answer 63

Inquisitorial

Question 64

Adversarial or Inquisitorial. A judge can require the accused to answer questions.

Answer 64

Inquisitorial.

Question 65

T or F. In a criminal case, the judge or jury must be convinced beyond a reasonable doubt that a crime occurred and that the accused committed the crime.

Answer 65

True

Question 66

In a civil trial, the person who brings the suit to court (or the party accusing someone of causing damage) is called the _____

Answer 66

Plaintiff

Question 67

In a criminal trial, an attorney who represents the government in a criminal case is called the _____

Answer 67

Prosecutor

Question 68

In both civil and criminal trials, the party responding to the plaintiff (for civil trials) and the prosecutor (for criminal trials) is called the _______

Answer 68

Defendant

Question 69

A group of citizens who hear evidence during a trial and give a verdict is called the _______

Answer 69

Jury

Question 70

Which amendment to the U.S. Constitution guarantees the defendant to the right to have “assistance of counsel?”

Answer 70

The Sixth Amendment

Question 71

Steps in a Trial. The plaintiff’s attorney (in a civil case) explains to the trier of fact (the judge or jury) the evidence to be presented as proof of the allegations in the written papers filed with the court.

Answer 71

Opening statement by Plaintiff or Prosecutor.

Question 72

Steps in a Trial. The defendant’s attorney explains evidence to be presented to disprove the allegations made by the plaintiff or prosecutor.

Answer 72

Opening statement by Defense.

Question 73

Steps in a Trial. Each witness for the plaintiff or prosecution is questioned. Other evidence in favor of the plaintiff or prosecution is presented.

Answer 73

Direct examination by Plaintiff or Prosecutor.

Question 74

Steps in a Trial. The defense has the opportunity to question each witness. Questioning is designed to break down the story or to discredit the witness.

Answer 74

Cross-examination by Defense.

Question 75

Steps in a Trial. If the prosecution’s or plaintiff’s basic case has not been established from the evidence introduced, the judge can end the case by granting a motion (oral request) made by the defendant’s attorney.

Answer 75

Motions

Question 76

Steps in a Trial. Each defense witness is questioned.

Answer 76

Direct examination by Defense

Question 77

Steps in a Trial. Each defense witness is cross-examined.

Answer 77

Cross-examination by Plaintiff or Prosecutor

Question 78

Steps in a Trial. The prosecutor or plaintiff’s attorney reviews all the evidence presented and asks for a finding of guilty (in criminal cases) or a finding for the plaintiff (in civil cases).

Answer 78

Closing statement by Plaintiff or Prosecutor

Question 79

Steps in a Trial. This is the same as the closing statement by the prosecution or plaintiff. The defense asks for a finding of not guilty (in criminal cases) or for finding for, or in favor of, the defendant (in civil cases).

Answer 79

Closing Statement by Defense

Question 80

Steps in a Trial. The prosecutor or plaintiff may have the right to make additional closing statements that respond to points made by the defense in its closing statement.

Answer 80

Rebuttal arguments

Question 81

Steps in a Trial. The judge instructs the jury as to the law that applies in the case.

Answer 81

Jury instructions

Question 82

Steps in a Trial. In most states, a unanimous decision by the jury is required for a verdict. If the jury cannot reach a unanimous decision, it is called a hung jury, and the case may be tried again by a new judge or jury.

Answer 82

Verdict

Question 83

_____ means easily discovered, seen, or understood.

Answer 83

Obvious

Question 84

_____ is an attorney who works for the state and defends people who cannot afford a private attorney.

Answer 84

Public defender

Question 85

Which case mandated that STATES must provide a free lawyer to defendants in cases where they are charged with a serious crime?

Answer 85

Gideon v. Wainwright (1963)

Question 86

________ are people with knowledge about the facts of a case.

Answer 86

Witnesses

Question 87

__________ is an agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return the government agrees not to prosecute the defendant for the more serious crime.

Answer 87

Plea bargain

Question 88

What do supporters of plea bargains argue?

Answer 88

That they are efficient and save the state the cost of the trial in situations where the defendant’s guilt is obvious or the state’s case is weak.

Question 89

What do opponents of plea bargains argue?

Answer 89

That they allow some criminals to get off lightly, or that it encourages people to give up their rights to a fair trial.

Question 90

_______ is a group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial.

Answer 90

Grand jury

Question 91

Which amendment to the U.S. Constitution requires that before anyone be tried for a serious crime in federal court, there must be a grand jury indictment?

Answer 91

5th Amendment

Question 92

_______ is a formal charge of criminal action by a grand jury.

Answer 92

Indictment

Question 93

Which amendment to the U.S. Constitution guarantees the right to trial by jury in criminal cases?

Answer 93

6th Amendment

Question 94

Which amendment to the U.S. Constitution guarantees the right to trial by jury in civil cases in federal courts?

Answer 94

7th Amendment

Question 95

T or F. Eliminating a juror solely based on race, ethnicity, or gender in either a civil or criminal trial is unconstitutional.

Answer 95

True

Question 96

T or F. The jury system as a whole should generally reflect the diversity of the community in which the trial is taking place.

Answer 96

True

Question 97

A mistake by a judge as to the applicable law in a case.

Answer 97

Error of law

Question 98

T or F. In cases involving minor errors of law, the trial court decision will not be reversed.

Answer 98

True

Question 99

T or F. Appellate courts seldom reconsider a trial court’s determination of the facts.

Answer 99

True

Question 100

T or F. An appellate court focuses on deciding legal questions that arise a trial.

Answer 100

True

Question 101

The fair administration of justice is called _________.

Answer 101

Procedural Due Process

Question 102

_________ means existing or coming about seemingly at random or by chance.

Answer 102

Arbitrary

Question 103

Defendants in a criminal trial have several due process rights, including _________.

Answer 103

The right to a speedy trial

Question 104

Defendants in a criminal trial have several due process rights, including _________.

Answer 104

The right to an impartial jury of one’s peers

Question 105

Defendants in a criminal trial have several due process rights, including _________.

Answer 105

The right to confront witnesses

Question 106

Defendants in a criminal trial have several due process rights, including _________.

Answer 106

The right not to be tried for the same crime twice (double jeopardy)

Question 107

Defendants in a criminal trial have several due process rights, including _________.

Answer 107

The right to be free from self-incrimination

Question 108

Which type of court am I? This court has “original” jurisdiction. Some states have several types. These courts hear evidence and determine guilt in criminal cases and liability in civil cases.

Answer 108

Trial Courts

Question 109

What type of court am I? This court has “appellate” jurisdiction. This court reviews claims that an error of law was made at trial.

Answer 109

Appeals Courts

Question 110

What type of court am I? This court has appellate jurisdiction. In rare cases, the U.S. Supreme Court and states’ highest courts have “original” jurisdiction. this court reviews claims that a lower court did not interpret the law correctly.

Answer 110

Supreme Courts

Question 111

T or F. Typically a panel or judges decides appeals in an appeals court.

Answer 111

True

Question 112

T or F. When an appeals court decides a case, it usually issues a written opinion explaining its ruling.

Answer 112

True

Question 113

The ______ states the decision of the court.

Answer 113

Majority Opinion

Question 114

Judges who disagree with the majority opinion may issue a separate document called a ________.

Answer 114

Dissenting Opinion

Question 115

In some instances, judges who agree with the majority’s outcome, but for reasons different from those used to support the majority opinion, may write a _________.

Answer 115

Concurring Opinion

Question 116

________ is a legal principle created by an appellate court decision that lower court judges must follow when deciding similar cases.

Answer 116

Precedent

Question 117

This U.S. Supreme Court set the precedent that the First Amendment’s right to free speech meant it is legal to burn the American flag as part of a political protest.

Answer 117

Texas v. Johnson (1989)

Question 118

A latin term meaning “let the decision stand” - refers to the principle that courts should follow precedent.

Answer 118

Stare Decisis

Question 119

T or F. Precedents apply to all the courts below the court that rules in a case.

Answer 119

True

Question 120

T or F. When a federal court of appeals crates a precedent, that precedent is NOT binding in a federal trial court in a DIFFERENT circuit.

Answer 120

True

Question 121

T or F. When the U.S. Supreme Court creates a precedent, ALL lower courts throughout the land must follow it.

Answer 121

True

Question 122

T or F. From time to time, courts overrule precedents because the law must have some degree of flexibility

Answer 122

True

Question 123

Yes or No. If a STATE Supreme Court creates a precedent, must federal trial courts follow it? Why or why not.

Answer 123

No. Federal trial courts are do not fall BELOW any state Supreme Court. Precedents only apply to the courts below the court that rules in a case.

Question 124

In this Supreme Court Case, the Supreme Court ruled that students in public schools have a right to free speech, as long as that speech does not substantially disrupt the school’s work or interfere with the right of others.

Answer 124

Tinker v. Des Moines (1969). Two students work black arm bands to protest the Vietnam war.

Question 125

In this Supreme Court Case, the Supreme Court ruled that schools can restrict students’ speech if it’s lewd, indecent, or plenty offensive. Schools have an interest in preventing speech that is consistent with the “basic educational mission.”

Answer 125

Bethel School District v. Fraser (1986)

Question 126

In this Supreme Court Case, the Supreme Court ruled that schools could restrict students’ speech when that speech is part of a school-sponsored activity and could be reasonably interpreted to represent the school’s opinion on an issue.

Answer 126

Hazelwood School District e. al. v. Kuhlmeier (1988)

Question 127

________ describes the power of a court to decide a case.

Answer 127

Jurisdiction

Question 128

______ is a federal law; a law written by the legislative branch.

Answer 128

Statute

Question 129

T or F. Federal courts can generally hear cases that raise questions about a federal law.

Answer 129

True

Question 130

Federal courts are considered to be courts of _________ jurisdiction.

Answer 130

Limited

Question 131

State courts are considered to be courts of __________ jurisdiction.

Answer 131

General

Question 132

Courts that are able to hear a wide variety of cases that deal with state or local law, the state constitution, or federal law or the federal constitution.

Answer 132

General Jurisdiction

Question 133

T or F. Cases involving many-but not all-federal laws CAN also be tried in the state court system.

Answer 133

True

Question 134

____________ courts apply state and local laws.

Answer 134

State and local courts

Question 135

State court systems generally have three types of courts:

Answer 135

1. Minor courts

Question 136

State court systems generally have three types of courts:

Answer 136

2. General trial courts

Question 137

State court systems generally have three types of courts:

Answer 137

3. Appeals courts

Question 138

Minor courts are often called _______.

Answer 138

Justice courts, municipal courts, magistrate courts, or inferior trial courts.

Question 139

T or F. Minor courts are often specialized to deal with specific types of legal issues.

Answer 139

True. I.E. family courts does with only issues with the family.

Question 140

__________ courts hear lawsuits involving small amounts of money.

Answer 140

Small claims courts

Question 141

________ courts handle cases involving wills and claims against estates of persons who die with or without a will.

Answer 141

Probate courts

Question 142

General trial courts go by different names in different states:

Answer 142

Superior court, county court, district court, or the court of common pleas.

Question 143

Appeals courts in different states go by different names:

Answer 143

Supreme court, court of appeals, supreme judicial court.

Question 144

State court judges are selected in one of four ways:

Answer 144

1. Popular election.
   2 Election by the legislature
2. Appointment by the governor
3. Combination of appointment and popular election

Question 145

T or F. In ALL states, judges serve a limited term.

Answer 145

True. Though they may be reelected or reappointed.

Question 146

Congress has divided the United States into ___________ federal judicial districts, with a trial court known as a federal district court in each district.

Answer 146

94

Question 147

The act of continuing to hold or have, as in a political position.

Answer 147

Retention

Question 148

Courts that generally hear cases that raise questions about a federal law or the federal constitution have _______.

Answer 148

Limited jurisdiction

Question 149

Process where a judicial commission made up of lawyers, judges, and laypeople decide who will be a judge or who send a list of candidates to the governor for selection.

Answer 149

Merit Selection

Question 150

Which part of the U.S. Constitution sets out the basic structure of the federal court system?

Answer 150

Article III

Question 151

T or F. Federal courts can sometimes decide cases that deal with state law if the parties to the case are from different states and a large amount of money is in question.

Answer 151

True

Question 152

The federal trial courts are grouped into __________ regional circuits.

Answer 152

12

Question 153

The divisions under the United States Federal Court system, grouped into 12 regional circuits, each of which has a federal court of appeals, also called a U.S. Circuit Court.

Answer 153

Regional circuit

Question 154

The federal courts of appeals are called ______.

Answer 154

U.S. Circuit Court

Question 155

Jurisdiction of State Courts:

Answer 155

Crimes under state laws

Question 156

Jurisdiction of State Courts:

Answer 156

State constitutional issues

Question 157

Jurisdiction of State Courts:

Answer 157

Cases involving state laws and regulations including family law, contract law, property

Question 158

Jurisdiction of State Courts:

Answer 158

Most cases involving federal law

Question 159

Jurisdiction of Federal Courts:

Answer 159

Federal crimes

Question 160

Jurisdiction of Federal Courts:

Answer 160

Issues involving federal law, including the U.S. Constitution

Question 161

Jurisdiction of Federal Courts:

Answer 161

Disputes between states

Question 162

Jurisdiction of Federal Courts:

Answer 162

Treaties with foreign nations

Question 163

Jurisdiction of Federal Courts:

Answer 163

Bankruptcy

Question 164

Jurisdiction of Federal Courts:

Answer 164

Admiralty and maritime

Question 165

Jurisdiction of Federal Courts:

Answer 165

Antitrust

Question 166

Jurisdiction of Federal Courts:

Answer 166

Securities and Banking Regulations

Question 167

Jurisdiction of Federal Courts:

Answer 167

Foreign diplomats or foreign governments

Question 168

A special skill or knowledge in a particular field.

Answer 168

Expertise

Question 169

T or F. Federal court judges are appointed by the President AND confirmed by the Senate.

Answer 169

True

Question 170

According to the U.S. Constitution, federal judges can old office during ____________.

Answer 170

good behavior

Question 171

T or F. Removal of federal judges requires the Congress to follow formal impeachment procedures.

Answer 171

True

Question 172

Two other types of courts that operate in the United States are:

Answer 172

1. Military courts
2. Tribal courts

Question 173

Which section of the U.S. Constitution allowed it to develop a separate justice system for the U.S. Military?

Answer 173

Article I, Section 8

Question 174

What is the current regulation known as that governs the military?

Answer 174

The Uniform Code of Military Justice (UCMJ)

Question 175

Violations of the UCMJ are heard in proceedings called ________.

Answer 175

Courts-martial

Question 176

Similar to criminal trials, but consists of judges and attorneys drawn from legal officers of the military branch in which the violation occurred.

Answer 176

Court-martial

Question 177

A tract of public land set aside for use by Native Americans, on which most of these groups have their own tribal justice systems.

Answer 177

Reservation

Question 178

A court that hears criminal and civil cases operating within the tribal justice system.

Answer 178

Tribal court

Question 179

_________ hear a broad range of both criminal and civil cases involving both Native Americans and non-Native Americans.

Answer 179

Tribal courts

Question 180

T or F. Tribal courts CANNOT prosecute non-Native Americans for crimes committed on the reservation.

Answer 180

True

Question 181

An appeals court can make one of three decisions. What are the three decisions?

Answer 181

Upholds trial court’s decision

Question 182

An appeals court can make one of three decisions. What are the three decisions?

Answer 182

Reverses trial court’s decision

Question 183

An appeals court can make one of three decisions. What are the three decisions?

Answer 183

Sends case back to the lower court to be tried again

Question 184

An appeal court will hear an appeal from the trial court when one of two things is alleged by a party:

Answer 184

There was an error or law

Question 185

An appeal court will hear an appeal from the trial court when one of two things is alleged by a party:

Answer 185

There was a violation of procedural due process

Question 186

What are the 5 foundations of the judiciary?

Answer 186

1. Fairness
2. Rule of Law
3. Accountability
4. Judicial Independence
5. Controls on Abuse of Power (Judicial Review)